Establishing such facts is what trials, discovery, etc are about.
If J.Q. Citizen no longer has standing to sue to enforce the Constitution, the Constitution is a dead letter and it is time for the final box. I hope that does not turn out to be true.
If there would be a full legal, adversarial examination of the issue, with the full appeals process played out on the issue of his father's lack of citizenship, and Obama were found to be fully eligible, then so be it, and we continue to fight his agenda.
“Establishing such facts is what trials, discovery, etc are about.”
But you need to be able to plead sufficient facts to state a claim upon which relief can be granted under the law. Merely saying Obama is a Kenyan, or a “usurper” isn’t going to work. There has to be something substantial, something real for the trial to be about.
“If J.Q. Citizen no longer has standing to sue to enforce the Constitution, the Constitution is a dead letter and it is time for the final box.”
J.Q. Public, per se, outside of actions based in the individual rights arising under the Bill of Rights which this wouldn’t be, has NEVER had standing to sue to enforce the constitution unless he has a particularized injury. Its no more a dead letter today than it was 100 years ago. But where did you get the idea that J.Q. Public has or ever had a general right to sue to enforce provisions of the constitution? There is a lot of nonsense parading around as constitutional law surrounding this issue which ought to stop.
“If there would be a full legal, adversarial examination of the issue, with the full appeals process played out on the issue of his father’s lack of citizenship, and Obama were found to be fully eligible, then so be it, and we continue to fight his agenda.”
I take it the election process, with the primaries and the general election didn’t suffice? That’s where issues like this one belong; perhaps before the ratification of the election, in Congress. If its a real issue, someone will run with it in 2012, perhaps even some House or Senate candidate in 2010. In the latter cases, it might even mean the margin of victory; in the former, its a guarantee of defeat.